HomeMy WebLinkAbout1994-08-08 City Council Summary Minutes Regular Meeting August 8, 1994 1. Closed Session for the Purposes of a Conference with Two Labor Negotiators Pursuant to Government Code
∋54957.6............................................... 73-317 2. Confirmation of the Appointment of Ruben Grijalva as Fire Chief ............................................ 73-318 6. Resolutions Recognizing the Presence of and Welcoming to the City of Palo Alto Exchange Students from Enschede, The Netherlands, and from Oaxaca, Oaxaca, Mexico ................................................ 73-319 1. Santa Clara County Traffic Authority re Update to the 1994 Draft Strategic Plan for Measure A ............... 73-319 5. Slide Presentation by the Public Art Commission ....... 73-320 3. Appointments to the Planning Commission ............... 73-320 4. Appointments to the Historic Resources Board ......... 73-323 16. Architectural Review Board, Historic Resources Board, Planning Commission and Public Art Commission Endorse-ment and Recommendation to Approve, with Conditions, the Proposal of the Palo Alto Centennial Committee to Install a Wall Listing Donors to the Palo Alto Centen-nial and the Centennial Endowment Fund on the Northeast Exterior Wall of the University Avenue Art Building located at Centennial Walk (267 Hamilton Avenue) ...... 73-324 21. Mayor Kniss and Council Members Fazzino and Rosenbaum re Consideration of the Ordinance to Amend Downtown Regulations to Allow Incentives for Seismic Upgrade and Historic Preservation to be Combined for Commercially-zoned Properties which are Both Seismic Category I or II and Historic Category 1 or 2: 401 Florence (of-fice), 456 University (Varsity Theatre), 480 University (retail/residential), 661 Bryant (church), 520 Ramona (retail/office), 205 Hamilton (retail/office), 529 Alma (retail), 525 Alma (retail/office) and 232 Homer (re-tail) ................................................. 73-326 ORAL COMMUNICATIONS ........................................ 73-334
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APPROVAL OF MINUTES OF JUNE 20 AND 27, 1994 ................ 73-334 7. Contract between the City of Palo Alto and Lombardo Diamond Core Drilling Company, Inc., for the Perfor-mance of Pavement Saw Cutting Services for Fiscal Year 1994-95, 1995-96, 1996-97 ............................. 73-335 8. Contract between the City of Palo Alto and Raymond J. Bragato, Inc., for the Performance of Asphalt Paving Services for Fiscal Year 1994-95, 1995-96, 1996-97 .... 73-335 9. Request for Authority to Participate as Amicus Curiae in Wong v. City of Carson, No. S038593 (California Supreme Court) ........................................ 73-335 10. Request for Authority to Participate as Amicus Curiae in Knott v. State, Supreme Court No. 589053 ........... 73-335 11. Resolution of the Council of the City of Palo Alto Determining the Calculation of the Appropriations Limit of the City of Palo Alto for Fiscal Year 1994-95 ...... 73-335 12. Resolution of the Council of the City of Palo Alto Adopting a Compensation Plan for Management and Confi-dential Personnel and Council Appointed Officers and Rescinding Resolution Nos. 7234, 7240, 7290, and 7334 . 73-335 13. Resolution of Intention of the Council of the City of Palo Alto to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Palo Alto (SEIU) .... 73-336 14. Conference with City Attorney re Public Employee Discipline/Dismissal/Release .......................... 73-336 15. Resolution Confirming Weed Abatement Report and Order-ing Cost of Abatement to be a Special Assessment of the Respective Properties Herein Described ................ 73-336 17. The Finance Committee recommends to the City Council Approval of the City Auditor's 1994-95 Audit Plan ..... 73-337 18. Ordinance Amending Various Sections of Chapter 16.09 (The Sewer Use Ordinance) of the Palo Alto Municipal Code ................................................. 73-337 19. Request for Financial Support for the Effort to Site the Proposed National Wind Tunnel Complex at the NASA Ames Research Center .................................. 73-338 20. Santa Clara Valley Water District Project on El Camino Real at Matadero Creek ................................ 73-339
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22. Council Comments, Questions, and Announcements ........ 73-340 ADJOURNMENT: The meeting adjourned at 10:57 p.m. .......... 73-340
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Special Meeting August 8, 1994 The City Council of the City of Palo Alto met on this date in the Human Resources/Council Conference Room at 6:30 p.m. PRESENT: Fazzino (arrived at 6:40 p.m.), Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Andersen, Huber ORAL COMMUNICATIONS None. CLOSED SESSION 1. Closed Session for the Purposes of a Conference with Two
Labor Negotiators Pursuant to Government Code ∋54957.6 Employee Organization: Palo Alto Peace Officers Association (PAPOA) Agency Negotiator: City Manager and her designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Susan Ryerson, Linda Craig, Lynne Johnson, Jon Hernandez) Employee Organization: International Association of Firefighters (IAFF), Local 1319 Agency Negotiator: City Manager and her designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Susan Ryerson, Lalo Perez, Jim McGee) Mayor Kniss announced that there was no action to report with respect to the Closed Session. ADJOURNMENT: The meeting adjourned at 7:00 p.m.
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:03 p.m. PRESENT: Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Andersen MOTION: Council Member Fazzino moved, seconded by Schneider, to revise the agenda to hear the items in the following order: Item Nos. 2, 6, 1, 5, 3, 4, and 16, with Item No. 21 being heard after Item No. 16. MOTION PASSED 8-0, Andersen absent. SPECIAL ORDERS OF THE DAY 2. Confirmation of the Appointment of Ruben Grijalva as Fire Chief City Manager June Fleming said it was with great pleasure and anticipation for a bright future for the already wonderful Fire Department that she ask the Council to cast a unanimous vote to confirm the appointment of Ruben Grijalva as Palo Alto's sixth Fire Chief. Ruben came to Palo Alto in January 1990 from a safety department in Sunnyvale where he served as Fire Marshal. His career in Sunnyvale had been ladened with success. When Ruben was hired as Assistant Fire Chief, it was known that he would give excellent service and would help the Fire Department become an even more distinguished department than it already was. He had been extremely progressive since joining Palo Alto, had placed emphasis on diversity and accountability, and had worked very closely with the training program. Ruben was a loyal employee, and he had dreams and ambitions for the Fire Department which she supported. Ruben went through a vigorous selection process and emerged as the leader. Council Member Fazzino enthusiastically offered the motion to approve the confirmation of Ruben Grijalva as Palo Alto's Fire Chief. The Charter forbade the City Council Members from becoming involved in the City staff selection process. He had hoped that City Manager Fleming would name Ruben Grijalva as Palo Alto's new Fire Chief. Ruben deserved tremendous credit for his leadership over the past four years in areas such as diversity, hazardous materials, and solving what appeared to be an impossible situation with respect to fire safety issues at 101 Alma Street. He was de-lighted that Ruben would become Palo Alto's new Fire Chief. MOTION: Council Member Fazzino moved, seconded by McCown, to approve the appointment of Ruben Grijalva as Fire Chief for the City of Palo Alto effective August 8, 1994. Council Member McCown echoed the comments of Council Member Fazzino. She had worked with Ruben when she was the Mayor in 1993. It was an outstanding appointment, and she was delighted that the City Manager had made the recommendation and that the
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Council had the role of confirming the appointment. MOTION PASSED 8-0, Andersen absent. Ms. Fleming presented the Fire Chief's badge to Ruben Grijalva's wife, Judy, who pinned it on her husband. Fire Chief Ruben Grijalva was honored by the Council's confirma-tion of him as Fire Chief that evening. He was grateful to City Manager Fleming for the confidence she had shown by appointing him to the position. He looked forward with great anticipation to providing the leadership necessary for the Fire Department's moving into the 21st Century. His job would not be as difficult as it might seem because he had inherited an outstanding group of men and women to lead. The Fire Department was truly a collection of talented and dedicated individuals. The staff was outstanding, and nothing was accomplished without an outstanding group of people. He looked forward to working closely with Local 1319 and the union leadership. He expected the same continued success as in the past. None of his success would have been accomplished without the love and support of his family. 6. Resolutions Recognizing the Presence of and Welcoming to the City of Palo Alto Exchange Students from Enschede, The Netherlands, and from Oaxaca, Oaxaca, Mexico MOTION: Council Member Fazzino moved, seconded by Schneider, to adopt the Resolutions. Resolution 7348 entitled "Resolution of the Council of the City of Palo Alto Recognizing the Presence of and Welcoming to the City of Palo Alto Exchange Students from Enschede, The Netherlands" Resolution 7349 entitled "Resolution of the Council of the City of Palo Alto Recognizing the Presence of and Welcoming to the City of Palo Alto Exchange Students from Oaxaca, Oaxaca, Mexico" MOTION PASSED 8-0, Andersen absent. 1. Santa Clara County Traffic Authority re Update to the 1994 Draft Strategic Plan for Measure A Joel Maniaci, Deputy Director, Project Management, Santa Clara County Traffic Authority, presented an update to the 1994 Draft Strategic Plan for Measure A. Council Member Fazzino recognized the excellent work that Mr. Maniaci and the Traffic Authority had done over the previous ten years. It was an outstanding record of accomplishment. The road and other improvements which were promised to the voters in 1984 had been accomplished and had set the stage for the passage of Measure A two years before. Unfortunately, legislators were challenging the measure and there was not an opportunity to implement extremely important additional road and alternative
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transportation rail improvements in Santa Clara County for a number of years. It was unfortunate that a number of individuals contributed to the invalidation of the second Measure A. He hoped the State Supreme Court would rule in the fall or the beginning of 1995 that 54 percent of the vote in Santa Clara County was enough of a mandate to approve the extremely important rail dollars. He did not believe Measure A would have received the 50 percent without Mr. Maniaci's outstanding record of accomplishment. No action required. 5. Slide Presentation by the Public Art Commission Council Member Schneider introduced the group of highly qualified, dedicated Public Art Commissioners who had prepared a slide presentation specifically designed to heighten the awareness as to the value and importance of art in public places. Public Art Commissioner Sandy Eakins spoke regarding art in public places and introduced Commissioner Susan Wexler who showed the slide presentation. 3. Appointments to the Planning Commission Council Member Wheeler said she had previously recommended that Phyllis Cassel be appointed to the Planning Commission for an unexpired term. The time that she had served on the Commission had proved to be invaluable to the Planning Commission, and she would cast a vote for Phyllis to be appointed to a full four-year term on the Planning Commission. Council Member McCown agreed with the comments of Council Member Wheeler. Council Member Schneider would cast her first vote for Phyllis Cassel. Council Member Fazzino would cast his first vote for Phyllis Cassel. He was impressed with her work on the Planning Commis-sion. She had been an outstanding housing advocate, and he viewed her as the Planning Commission's conscience on the issue of affordable housing. She had forced him at times to reevaluate the issues involving housing, and in one instance he changed his vote. Mayor Kniss would also support Phyllis Cassel on the first ballot. RESULTS OF THE FIRST ROUND OF VOTING VOTING FOR AHERN: VOTING FOR CASSEL: Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler VOTING FOR CONLIN: VOTING FOR ELY:
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VOTING FOR GLAZIER: VOTING FOR LOY: VOTING FOR NEGRIN: VOTING FOR PETREDIS: City Clerk Gloria Young announced that Phyllis Cassel received eight votes, with Council Member Andersen absent, and was ap-pointed on the first ballot. Vice Mayor Simitian would support Mary Ahern on the second ballot. She had previously demonstrated to the Council her thoughtfulness and balance and that she knew how to work in that environment. When the Council selected appointments to commissions or boards, it had to consider the skills that an individual brought and also make sure that there was diversity of skills and perspectives on that body so that when the body heard from the community, it had the benefit of diverse perspectives on the board or commission. Ms. Ahern would be a welcomed addition not only in terms of her skills but also in terms of the diversity perspective that she would bring to the Planning Commission. Council Member Schneider had worked very closely with Kevin Conlin when she was Co-Chairperson of the Comprehensive Plan Advisory Committee (CPAC). He was intelligent and hardworking, and his circumstances made him uniquely qualified to bring a new look at planning in the community. She would support him on the second ballot. Council Member Fazzino would cast his second vote for Bill Glazier. It was difficult to make a choice when there was an excellent group of candidates, which included two incumbents. He was impressed with the new candidates, Mary Ahern, Kevin Conlin, and Nicholas Petredis, and if a decision were not made on the second ballot, he would consider voting for them. He encouraged them to reapply if they were not appointed that evening. Many Planning Commissioners were not appointed on the first try. David Negrin and Leonard Ely had contributed significantly to the community, and he encouraged them to reapply and also to consider other opportunities. He would vote for Bill Glazier on the second ballot because he had been an effective voice on behalf of impor-tant issues surrounding economic vitality. He believed Ms. Cassel's voice on affordable housing was also important. Council Member McCown agreed with the comments of Council Member Fazzino. She would support Bill Glazier on the second ballot. She had had discussions with Bill about her concerns with respect to the conflict that he appeared to have among his family, business commitment, and the time commitment that the City demanded of Planning Commissioners. He had had some periods of absence from the Commission, and she had indicated it was a point of concern to her. Since she had not raised that concern before his term came up for reappointment, she owed him the opportunity
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to respond. It was going to be a very intense time for the Planning Commission with the CPAC. She asked Bill for a commit-ment to the community, which he gave willingly. She suggested that if there were understandable time pressures that caused a difficult situation for him, he would communicate that to the Council and consider stepping down from the Commission. It was very important for the people to be committed to a full-time contribution. Bill had shown the ability to do that, and it was important that he meet that commitment. He had done a very good job, and she would support his reappointment. There were other people waiting to be on Planning Commission, and she looked forward to the opportunity to select some of them as Planning Commissioners in the future. Council Member Wheeler echoed the comments of Council Member McCown. Some of the people were outstanding potential candidates for the Planning Commission. She encouraged both Kevin Conlin and Mary Ahern to reapply in the future. Mayor Kniss would cast her vote for Bill Glazier. It took awhile to have the background required to be a good Planning Commis-sioner. She agreed with the comments of Council Member McCown. Bill frequently had a voice on the Planning Commission that was different from his colleagues, and she believed that sense of balance was valuable. She said Kevin Conlin had done an out-standing job on the CPAC and over a period of time would make an outstanding contribution to the community. Several of the candidates, including Mary Ahern, offered a different voice in the community which was valuable. RESULTS OF THE SECOND ROUND OF VOTING VOTING FOR AHERN: Simitian VOTING FOR CASSEL: VOTING FOR CONLIN: Schneider VOTING FOR ELY: VOTING FOR GLAZIER: Fazzino, Huber, Kniss, McCown, Rosenbaum, Wheeler VOTING FOR LOY: VOTING FOR NEGRIN: VOTING FOR PETREDIS: City Clerk Gloria Young announced that Bill Glazier received six votes, with Council Member Andersen absent, and was appointed on the second ballot. 4. Appointments to the Historic Resources Board Council Member Wheeler said there was not an overwhelming amount
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of candidates who applied for the five open seats on the Historic Resources Board (HRB), but the Council was very impressed by the quality of each of the people who applied. Several of the appli-cants lived in historic homes and had adopted in their attitudes a love for the homes and a love that they would spread to other members of the community who came before the HRB with plans for restorations, remodeling, or demolitions of homes. She had thought about the people who were leaving the HRB when making her selections for their replacements. One of things that had impressed her as she had worked with the HRB had been its evolu-tion toward a body which had on it a substantial amount of people who not only loved historic structures but also had a good deal of professional expertise that they were able to share with members of the community who came with their plans for historic buildings. She would vote for Caroline Willis and Ronald Denning to fill the two positions that had previously been held by professional designers. She would vote for the two incumbents, Montgomery Anderson and Elizabeth Kittas, and also for Mildred Mario, the present owner and occupant of one of the most historically outstanding structures in the community, the Squire House, who had done a remarkable job of restoring the house to its more than former splendor. It was her third restoration project, and she was obviously both dedicated and knowledgeable about what it took to preserve historic structures. Council Member McCown would vote for Montgomery Anderson, Caroline Willis, and Mildred Mario for the three four-year terms. She would vote for Ronald Denning and Elizabeth Kittas for the two unexpired terms. Elizabeth Kittas had been on the HRB for 12 years, and if there had been a greater applicant pool, she might have happily turned the seat over to somebody else. The appoint-ment of Ms. Kittas to the unexpired term would give the Council an opportunity to see whether there might be an additional pool in two years. Mayor Kniss supported Mildred Mario who had generously shared her home recently. RESULTS OF THE FIRST ROUND OF VOTING VOTING FOR ANDERSON: Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler VOTING FOR DENNING: VOTING FOR EVERS: VOTING FOR KITTAS: Fazzino VOTING FOR MARIO: Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler VOTING FOR WILLIS: Huber, Kniss, McCown, Rosenbaum,Schneider, Simitian, Wheeler City Clerk Gloria Young announced that Montgomery Anderson and
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Mildred Mario received eight votes and H. Caroline Willis received seven votes, with Council Member Andersen absent, and were appointed on the first ballot to the full (four-year) terms. RESULTS OF THE SECOND ROUND OF VOTING VOTING FOR ANDERSON: VOTING FOR DENNING: Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler VOTING FOR EVERS: Huber, Fazzino VOTING FOR KITTAS: Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler VOTING FOR MARIO: VOTING FOR WILLIS: City Clerk Gloria Young announced that Ronald Denning received six votes and Elizabeth Kittas received eight votes, with Council Member Andersen absent, and were appointed on the second ballot to the unexpired terms. REPORTS OF COMMITTEES AND COMMISSIONS 16. Architectural Review Board, Historic Resources Board, Plan-ning Commission and Public Art Commission Endorsement and Recommendation to Approve, with Conditions, the Proposal of the Palo Alto Centennial Committee to Install a Wall Listing Donors to the Palo Alto Centennial and the Centennial Endow-ment Fund on the Northeast Exterior Wall of the University Avenue Art Building located at Centennial Walk (267 Hamilton Avenue) Larry Klein, 872 Seale Avenue, said John Northway and the Centen-nial Committee had done a marvelous job of designing the Wall. The Wall was designed to recognize the donors who had contributed more than $100 to the Palo Alto Centennial. There were over 1,900 people who would be recognized on the Wall, and the number of contributions was a marvelous comment on the community and its willingness to support nonprofit organizations. The Wall not only would recognize donors but also would make an artistic statement. The Wall would be unveiled on October 16, 1994, the final day of the Centennial. John Northway, 437 Lytton Avenue, said the Wall would consist of six granite panels with the names of the donors, and there would be six plaques with historic photographs mounted in them. There would be special writing that honored all the past Mayors of the City, and a special quote from John Gardner. The Wall would be an interesting piece of art and an elegant statement about the City's Centennial. He thanked the City staff for its collabora-tive and cooperative efforts. The project started off as a plaza, evolved into a sidewalk, and eventually became Centennial Walk and
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the Wall. He also thanked members of the Centennial Committee. He said an enormous amount of hours had been devoted to the project. He hoped the Council would endorse the project. City Manager June Fleming thanked the Centennial Committee for its thoughtfulness and generosity. The Centennial Committee had given the Wall to the City and had provided an extra section of the Wall for needed repairs if it were damaged. Claudio Martinez, P. O. Box 273, Palo Alto, spoke regarding the starving artists in the community. MOTION: Council Member Fazzino moved, seconded by Wheeler, to approve the installation of the Centennial Wall with the following conditions: 1. The vertical pilaster shall cover all of the conduit to the top of the parapet. 2. The horizontal splice box at the top of the building wall shall be relocated if feasible. 3. Tree brackets with the "Centennial tree" may be installed at the sides of the Wall in order to protect the Wall and shall be collapsible. If necessary, the lights shall be relocated to align with the tree brackets and shall remain at the same height as existing. The tree brackets at the Centennial Wall shall encroach into the two-way alley no more than 8 inches. 4. The curb width encroachment into the alley shall not exceed 14 inches. 5. Prior to submission for a building permit, the property owner shall obtain an encroachment permit/temporary lease from the Public Works Engineering Department for a structure in the public right-of-way and for the proposed construction which will impact the use of the alley in which the City holds an interest. 6. Prior to construction, the applicant shall obtain from the building owner, for the benefit of the City, a waiver and hold harmless agreement to protect the City from liability resulting from any damage to the building, during and after construction of the Centennial Wall. This agreement shall be in a form acceptable to the City Attorney. Council Member Fazzino thanked Mary Davey, Larry Klein, John Northway, and Carol Harrington who had done a marvelous job throughout the Centennial Year in providing leadership to the entire community. The Wall and the celebrations that would take place in the fall were special because they would focus on the future. He applauded the Committee for focusing on the future as well as celebrating the City's past. He congratulated the Centennial Committee on its efforts. Mayor Kniss thanked Mary Davey, Larry Klein, John Northway, and
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Carol Harrington and the cast of thousands for their efforts. It had been an impressive effort and had exceeded everyone's wildest dreams. She knew the community would be delighted and astonished with the way the Wall looked after its completion and dedication on October 16, 1994. MOTION PASSED 8-0, Andersen absent. COUNCIL MATTERS 21. Mayor Kniss and Council Members Fazzino and Rosenbaum re Consideration of the Ordinance to Amend Downtown Regulations to Allow Incentives for Seismic Upgrade and Historic Preser-vation to be Combined for Commercially-zoned Properties which are Both Seismic Category I or II and Historic Category 1 or 2: 401 Florence (office), 456 University (Varsity Theatre), 480 University (retail/residential), 661 Bryant (church), 520 Ramona (retail/office), 205 Hamilton (retail/office), 529 Alma (retail), 525 Alma (retail/office) and 232 Homer (retail) Council Member Schneider said she would not participate in the item due to a potential conflict of interest with respect to her business and/or lease. City Attorney Ariel Calonne said the issue was continued to September 7, 1994, for a continuation of the Public Hearing on the substance of the zoning amendment. He said the subject should have read "Consideration of a Motion to Postpone Indefinitely the action described." The motion was within the Council's authority to consider at the present time. If the motion passed, the public would be notified for the September 7, 1994, Public Hearing. According to the Council's rules, the motion to postpone indefi-nitely was intended to prevent a vote on the merits from taking place. It had the effect of killing the proposed action. It was debatable but not amendable under the Council's rules. Mayor Kniss clarified if the issue were tabled, it would not allow for debate. Vice Mayor Simitian clarified the motion would postpone the issue indefinitely. Mr. Calonne said yes. Vice Mayor Simitian said if the motion prevailed, the issue could not return without formal action by the Council to reinstate the proceedings. Mr. Calonne said if the motion were adopted, the principle in question would be declared lost. The purpose of the Motion to Postpone Indefinitely was to avoid a direct vote on the main motion. The correct use of a motion to postpone indefinitely was when the intent was not to vote on the matter at all. It should not be confused with a motion to lay on the table which was a means of temporarily bypassing a subject.
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Vice Mayor Simitian said the previous discussions suggested changes to the ordinance which had been proposed or referenced but did not respond directly to the issue of an incremental 25 percent increase, e.g., the requirement that the 25 percent currently allowed required a Planned Community (PC). He asked whether consideration of those kinds of items would also be precluded if the motion passed unless the Council was prepared to initiate a zoning change and go back through the whole process. Mr. Calonne said the action would stop the proposed zoning text amendment which the Council initiated. The Council or the Planning Commission could reinitiate the item. The Council or the Planning Commission could initiate related issues that had independent merit. Vice Mayor Simitian asked whether the Council would begin where it left off if it reinstituted consideration of the item or whether it would have to start over again. Mr. Calonne said it would have to start over again. Vice Mayor Simitian clarified the Council would have to start from the beginning with the entire process if it wanted to take action on any amendment of the zoning ordinance or text that related to the issue. Mr. Calonne said that was correct. Council Member McCown asked whether it made any difference if the action was a motion to postpone indefinitely versus a motion to table if the process had to be started over again. Mr. Calonne said it would make a difference. If the Council's intention were to defer consideration of the issue for a period of time rather than to reinitiate the item in another form, the Motion to Postpone Indefinitely would not be the correct motion. Council Member McCown clarified the intent could be accomplished by a motion to table. Mr. Calonne was uncertain whether the Motion to Table was correct procedurally in that context in between the Public Hearings. He might recommend that procedure on September 7, 1994. Council Member McCown asked whether a majority vote would be required to bring the issue back from limbo for discussion no matter whether it was a motion to table or motion to postpone indefinitely. Mr. Calonne said the procedural concern with the Motion to Table was that the Palo Alto Municipal Code (PAMC) limited the time within which the Council could bring the issue back from the table to the next meeting. A motion to table only gave the Council a limited period of time within which to refrain from action. He said the vote required the majority of Council Members present.
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Mayor Kniss clarified if five Council Members wanted to postpone the issue indefinitely that evening and if a Council Member wanted to bring the issue back again at some time in the future, it would take five votes to bring the issue back, but the entire process would have to begin again regarding the ordinance. Mr. Calonne said that was correct. The effect of postponing indefinitely was to end consideration of the issue. The Council had the option of reinitiating another zoning text amendment if it desired. He said short of a motion to continue to a definite date or as stated in the PAMC, a motion to postpone to a definite date, there was no way to leave an issue hanging in limbo and bring it back at another time. The Council's action should be to a date certain. Mayor Kniss clarified if the item were postponed indefinitely, it would need to return to the Council in another form or the same form. At that time, the Public Hearings would have to start from the beginning, and the 30 speakers who had been heard previously would also be canceled. Mr. Calonne said it would take Council action to reinitiate another zoning text amendment at some point in the future for the item to return to the Council. The Motion to Postpone Indefi-nitely was a way to end consideration of a matter without reaching the merits of it. Mayor Kniss clarified if the item returned to the Council in the future, the Council's action that evening would have canceled the entire process. Mr. Calonne said yes. Council Member Fazzino had previously understood that a motion to postpone indefinitely would allow a Council Member to bring the matter back, and the Council would not have to initiate new zoning procedures or would not have to hear from the members of public who had spoken previously. He clarified the only way to accom-plish that intent was to postpone to a date certain. Mr. Calonne said that was correct. He referred to page 2, paragraph 1, of the Council's memorandum dated August 3, 1994, which stated "The matter could not be reraised without Council or Planning Commission action to initiate another zone text amend-ment." Council Member Fazzino asked what motion would be recommended if the Council wanted the item to be brought back when the Environ-mental Impact Report (EIR) was completed. Mr. Calonne recommended a motion to postpone to a date certain, and if the date did not work out, the Council could again postpone the item at that time to another date certain. There were procedural problems associated with that type of motion, i.e., presently an environmental document was being recirculated for the
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item that would need to come forward to the Council. Vice Mayor Simitian said a postponement or continuance to a date certain was most consistent with the goals of Council Members who had initiated the item. He said while the City was considering a particular project, the zoning text amendment which the Council was being asked to consider had broader applicability to the Downtown area and the properties listed under the subject. His goal that evening would be to ensure that the Council had an opportunity at some point in the future to consider the impact of the current ordinance and the possible amendments to the ordinance not only on the individual projects that had generated so much discussion but also on all of the projects that were the subject of the ordinance in the Downtown. He asked whether the Council would preserve its ability to consider the ordinance in its entirety and possible amendments if it continued the item to a date certain irrespective of any interests in the particular project that most of the discussion had been focused on so far. Mr. Calonne said yes, but unfortunately the "yes" answer would depend upon what was on the table at the time the Council consid-ered the ordinance. The procedural issues became more complex if the ordinance became more entwined rather than less entwined with any specific application. He could not speculate about those issues that evening. He would want to evaluate and advise the Council if the concept of the Council were to combine the item with a specific Varsity Theatre proposal. Mayor Kniss clarified if the item were postponed indefinitely, anything that had happened previously would be canceled. The item would have to return to the Council in the same manner as it had been previously brought to the Council. If the item were postponed to a definite date and the Council did not return at that date certain, the Council could move to postpone the item to another date certain. Mr. Calonne said that was correct. Faith Bell, 536 Emerson Street, thanked the Council Members who had met with the Friends of the Varsity Theatre and staff who had given information and clarification. She presented another petition with 591 signatures of local residents and shoppers requesting the Council recognize the desire to preserve the Varsity Theatre as a performing arts center. She asked the Council not to alter the Palo Alto Municipal Code (PAMC) to allow greater development in historic buildings. She said the issue had a great deal of public interest. Vice Mayor Simitian asked what Ms. Bell meant by the term "chain store." Ms. Bell said she considered businesses that were nationally or internationally owned from a different location and had interests not specific to the area as chain stores. Vice Mayor Simitian asked whether Stars would be considered a
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chain restaurant if it wanted to move to Palo Alto. Ms. Bell said the City needed a hardware store, and Ace Hardware was a welcome addition in the City, and there were many aspects surrounding the issues, e.g., parking. Vice Mayor Simitian asked whether local control on local sensi-bilities was the primary concern. Ms. Bell agreed and said it was also a sensitivity to the needs of community. Tami Jefferson, 360 Forest Avenue, No. 104, said the Varsity Theatre was a work of art, not a dump. She spoke regarding theaters in Bakersfield and Hanford, California, that had been preserved. She hoped Mr. Keenan would consider that the Varsity Theatre was dear to many Palo Altans. Dennis Backlund, 488 University Avenue, No. 503, said the City had called for a focused Environmental Impact Report (EIR) on Mr. Keenan's proposed conversion of the Varsity Theatre to a bookstore so people would be able to speak on the issue even if it were postponed. He said according to a July 26, 1994, memorandum from Director of Planning and Community Environment Ken Schreiber to Consultant Bob Schubert sometime between September 16 and October 21, 1994, there would be a public scoping meeting to discuss the scope of the EIR. He understood the public would be able to discuss the various aspects of the Varsity Theatre's significance as a historic resource at that time. The people who spoke at that time should keep in mind the statement by the City Attorney at the July 5, 1994, City Council meeting: "the state law amended CEQA to require consideration of adverse impacts on historic resources as environmental impacts." Speakers should focus on the environmen-tal impacts that might flow from Mr. Keenan's project and stress that the EIR should consider the impacts. Information on the public scoping meeting would be available from the Planning Department before the event and would be posted Downtown. The public's presentations should be relevant to the preparation of the EIR. Winter Dellenbach, 457 Kingsley Avenue, supported an indefinite postponement or an alternative time certain postponement. She asked whether the public comment period of mitigated negative declaration which was finalized August 12, 1994, would be rendered moot. She asked the status of staff's suggestion to insert the word "exterior" in the ordinance. Chop Keenan, 700 Emerson Street, said tabling the issue indefinitely was not an appropriate way to proceed. The reason he applied for the single Floor Area Ratio (FAR) bonus the day after the last Public Hearing was to be able to start the environmental work. There was no reason to delay that effort. He believed that given the incremental costs of the time tax involved in the EIR process, the double FAR bonus was more valid than it was in 1986 when the previous Council created the bonus incentive as opposed to mandates to property owners to achieve those goals. He urged
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the Council to continue the matter to a date certain. The Historic Resources Board (HRB) suggested that transfer of development rights (TDR) should be a vehicle for property owners whose buildings could not be enlarged even with a 25 percent FAR bonus and still reconcile with the historic nature of the architecture. He suggested the Council direct staff to consider the TDR issue without a requirement for a PC for the receiving property so there would be a more fluid product that could be easily sold in the marketplace. It was a great idea and it only needed to be simplified to be effective. Council Member Rosenbaum said Mr. Keenan indicated that one possibility was to proceed with the single bonus and leave space so that at some future time, if a double bonus were awarded, he could make use of the space. Mr. Keenan had hoped the ordinance would be resolved on its merits. There was a good public policy issue to create a double bonus. He had hoped the Council would resolve that issue on September 7, 1994, and the structural plans could proceed depend-ing on the single or double FAR bonus. He had tried to wall off the 3,700 square feet in the original ARB application, but the Chief Building Official determined that the walled off area would be counted as square footage under the ordinance. If the property were returned to a theater 20 or 30 years in the future, the theater renovation had been designed to allow for no columns to come up through the building so that the second floor could be removed if necessary. Herb Borock, 2731 Byron Street, said the easiest way to accomplish the intent was to have the Public Hearing on September 7, 1994. The Council could not legally avoid listening to whoever wanted to speak on the issue on September 7, 1994, and try to rescind what it had done at the previous Council meeting. If the applicant were a private party instead of the Council initiating the zoning change, there would be a good legal challenge regarding the issue before the Council that evening. The City Attorney had a legal responsibility to help the Council accomplish what the sponsors of the motion wanted to accomplish. The public debate would have been different on the issue of TDR if the issue had come to the Council independently of the Varsity Theatre and the double bonus. The subject of the issue had been switched. The issue was not saving the Varsity Theatre but how to implement TDR. The Council and the public could save a lot of time if proponents of implementing the Comprehensive Plan language for TDR would place it on the agenda in that manner. Claudio Martinez, P. O. Box 273, Palo Alto, said the issue was very intricate. Linda Scott, 1057 Ramona Street, said the proposal indicated it supported the Comprehensive Plan referral to TDR incentives but did not indicate how that would be pursued. She asked whether staff should be directed that evening to move forward while the postponement was in effect so more information would be available when the proposal returned to the Council.
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MOTION TO POSTPONE TO A CERTAIN TIME: Council Member Fazzino moved, seconded by Wheeler, to postpone any further hearing or consideration of the referenced zoning text amendment to the Monday, December 5, 1994, City Council Meeting. Council Member Fazzino said the motion would allow the EIR to be completed. If the EIR were not completed by December 5, 1994, the Council could postpone the issue again until the EIR was complet-ed. When the EIR was completed, the issue could be brought before the Council for discussion. The motion would address Mr. Keenan's need to have a decision made by the Council at some point; and at the same time would, it would allow the Save the Varsity Theatre group an opportunity to identify possible sources of funding to preserve the Varsity Theatre as a performing arts center. He would endorse the window of opportunity given the tremendous enthusiasm for the possibility and strong community support that had been engendered by the group. The issue of whether or not the bonus was justified was a separate issue. He said it had been a complicated issue, and he thanked everyone who had been involved with placing the measure on the agenda. Mayor Kniss clarified the motion would interrupt the process but would not stop the process. When the issue returned to the Council the public testimony heard at the previous City Council meeting would be considered a portion of the continuum, but the people who had previously spoken would not be heard again. Mr. Calonne said the process would be interrupted, but the people would have an opportunity to speak with respect to the recircu-lated environmental document; however, the comment period would close on the date specified and would not be extended by the action. He said the Council had a limited range of discretion, and he did not believe a direction to staff on the TDR was appropriate outside the Public Hearing or in that context. Council could have staff bring it back on a later agenda. Vice Mayor Simitian believed there was information available that would be helpful for the Council to have to address the policy issues which were the subject of the memorandum and previous discussion by the Council. He asked whether the staff would be able to provide information that evening regarding the generic policy issues, specifically the zoning text amendment being recommended, so that staff could receive some direction in a public forum, so that members of the community would be aware of the requested information, and so that any interested building owners would know about the request for information. He asked whether he could ask for that information in that forum. Mr. Calonne said staff could be asked to bring back information for under the agenda item or under Council Comments, Questions, and Announcements. Because the Council was in the midst of a Public Hearing, it could not ask staff to generate changes or different analyses that related to the ordinance that was in front of the Council from the July 5, 1994, City Council meeting.
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Council Member Huber said the Council began with an ordinance which required a negative declaration that became wrapped up in the Varsity Theatre. He appreciated the fact that people were concerned about the Varsity Theatre's status, but the Council needed to focus on the ordinance. The Council might vote the ordinance up or down based on policy considerations at some point in the future and that did not have a lot to do with the Varsity Theatre but did have a lot to do with other pieces of property for which the Council would need additional information. He wanted the emotion of the Varsity Theatre decoupled from the ordinance. Council Member Wheeler thanked her colleagues for their efforts to determine whether the Council could return the discussion of the issue and other issues that had been raised as result of the Council's initial discussions of the ordinance to a more appro-priate point. The proposed ordinance was started as the best method of encouraging the owners of the few remaining historic structures that were seismically unsafe to restore and preserve the buildings. As the Council's discussion progressed, the discussion became focused on one particular building. The issues raised by members of the public regarding that particular building related to the ordinance but the issues also had a much broader context. The issues deserved a great deal of consideration by the Council and the community. An appropriate time and place for the Council to have that broader discussion would be during discussion of the Comprehensive Plan update. She wanted staff to pursue the concept of the TDR before the Council's next discussion of the ordinance. Council Member McCown said the Council had to try and pull apart a set of complex issues that had became interwoven in a way that was not helpful to the goals of either the people who wanted the Varsity Theatre to remain the way it had been before or the other building owners who might want the Council to take a good policy look at the concept of the double bonus. During the interim, the specifics of the potential reuse of the new Varsity Theatre would go through a different process in parallel to the full environ-mental review to the extent that there were people whose focus was that issue, not the zoning text amendment. There would be an opportunity for people to participate. She hoped by December 5, 1994, the pro or con of the zoning text change could be discussed on its merits and on the policy implications of the zoning text proposal. The Council would on December 5, 1994, or the next appropriate date thereafter vote the idea up or down. The Council initiated the process to evaluate the idea for the Downtown, and the Council owed it to the community to resolve the issue. Vice Mayor Simitian had some ideas about an element of transferability that should be wrapped into the issue at some point before the Council concluded its evaluation. She hoped the interrelated items would be pulled apart in a better way so the policy merits of each separate subject could be addressed and voted up or down. Council Member Rosenbaum reemphasized the comments of Council Member Fazzino and supported the postponement so that there would be an opportunity for the people who wanted to save the Varsity Theatre to have time to work. If their efforts did not come to
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fruition, then Mr. Keenan's proposal would be a good second alternative. Mayor Kniss strongly supported the issue brought forward by Council Member Wheeler regarding the TDR. Vice Mayor Simitian clarified that he would ask questions that related to the TDR issues during the last agenda item that evening. MOTION TO POSTPONE TO A CERTAIN TIME PASSED 7-0, Schneider "not participating," Andersen absent. Mr. Calonne reiterated a Council rule of procedure, The ordinance was a legislative matter, and the public or an applicant had the right to speak to the Council about the issues. The application about the Varsity Theatre fell under the Council's quasi-judicial procedural rules. The Council's rules generally discourage anyone from speaking to the Council outside of a hearing about those kinds of matters. If a discussion happened and it significantly influenced a Council Members's view, it had to be disclosed. He hoped the public would benefit from the statement so that people would not put Council Members in the position of having to end discussions about the specifics of the Varsity Theatre as opposed to the zoning ordinance amendment. RECESS TO A CLOSED SESSION: 9:40 P.M. - 10:02 P.M. The City Council met in Closed Session to discuss with the City Attorney Public Employee Discipline/Dismissal/Release as described in Agenda Item No. 14. Mayor Kniss announced that there was no action to report with respect to the Closed Session. ORAL COMMUNICATIONS Harry Merker, 501 Forest Avenue, spoke regarding "Oral Communica-tions." Edmund Power, 2254 Dartmouth Street, spoke regarding democracy (letter on file in the City Clerk's Office). APPROVAL OF MINUTES OF JUNE 20 AND 27, 1994 MOTION: Council Member Wheeler moved, seconded by Rosenbaum, to approve the Minutes of June 20, 1994, as submitted. MOTION PASSED 8-0, Andersen absent. MOTION: Council Member Huber moved, seconded by Schneider, to approve the Minutes of June 27, 1994, as submitted. MOTION PASSED 6-0-1, McCown abstaining, Andersen, Fazzino absent. CONSENT CALENDAR
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MOTION: Council Member McCown moved, seconded by Wheeler, to approve Consent Calendar Item Nos. 7 - 13. 7. Contract between the City of Palo Alto and Lombardo Diamond Core Drilling Company, Inc., for the Performance of Pavement Saw Cutting Services for Fiscal Year 1994-95, 1995-96, 1996-97 8. Contract between the City of Palo Alto and Raymond J. Bragato, Inc., for the Performance of Asphalt Paving Services for Fiscal Year 1994-95, 1995-96, 1996-97 9. Request for Authority to Participate as Amicus Curiae in Wong v. City of Carson, No. S038593 (California Supreme Court) 10. Request for Authority to Participate as Amicus Curiae in Knott v. State, Supreme Court No. 589053 11. Resolution 7350 entitled "Resolution of the Council of the City of Palo Alto Determining the Calculation of the Appro-priations Limit of the City of Palo Alto for Fiscal Year 1994-95" 12. Resolution 7351 entitled "Resolution of the Council of the City of Palo Alto Adopting a Compensation Plan for Management and Confidential Personnel and Council Appointed Officers and Rescinding Resolution Nos. 7234, 7240, 7290, and 7334" Resolution 7352 entitled "Resolution of Intention of the Council of the City of Palo Alto to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Palo Alto (Management and Confidential)" Ordinance 1st Reading entitled "Ordinance of the Council of the City of Palo Alto Authorizing an Amendment to the Con-tract Between the City Council of the City of Palo Alto and the Board of Administration of the California Public Employees' Retirement System (Management and Confidential)" Resolution 7353 entitled "Resolution of the Council of the City of Palo Alto Adopting a Compensation Plan for Hourly Personnel and Rescinding Resolution No. 7235" 13. Resolution 7354 entitled "Resolution of Intention of the Council of the City of Palo Alto to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Palo Alto (SEIU)" Ordinance 1st Reading entitled "Ordinance of the Council of the City of Palo Alto Authorizing an Amendment to the Con-tract Between the City Council of the City of Palo Alto and the Board of Administration of the California Public Employees' Retirement System (SEIU)"
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MOTION PASSED 7-0, Andersen, Fazzino absent. CLOSED SESSION The item may occur during the recess or after the Regular Meeting. 14. Conference with City Attorney Subject: Public Employee Discipline/Dismissal/Release Authority: Government Code Section 54957 PUBLIC HEARINGS 15. Resolution Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment of the Respective Properties Herein Described Mayor Kniss said it was time and place set for a Public Hearing on Resolution No. 7275 ordering weed nuisance abated. The record should show that notice of the hearing had been given in the time, manner, and form provided for in Chapter 8.08 of the Palo Alto Municipal Code. She asked the City Clerk whether any written objections had been received. City Clerk Gloria Young replied no written objections had been received. Mayor Kniss declared the Public Hearing open. Receiving no requests from the public to speak, she declared the Public Hearing closed. MOTION: Vice Mayor Simitian moved, seconded by McCown, to adopt the Resolution. Resolution 7355 entitled "Resolution of the Council of the City of Palo Alto Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment of the Respective Properties Herein Described" MOTION PASSED 7-0, Andersen, Fazzino absent. 17. The Finance Committee recommends to the City Council Approval of the City Auditor's 1994-95 Audit Plan Council Member Wheeler said the City Auditor's Work Plan for the current fiscal year illustrated the office's continuing evolution from an entity devoted almost totally to financial recovery audits to one that was able, in addition to the former, to provide the Council and the staff advice in regard to operational and procedural matters. It was an ambitious plan and addressed several areas of importance to the City's operation. The Finance Committee received assurances from both the City Auditor and the City Manager that timing of the proposed audits would be coordi-nated to avoid creating conflicts with scheduled workloads of the departments or divisions subject to review. MOTION: Council Member Wheeler for the Finance Committee moved
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approval of the City Auditor's 1994-95 Audit Plan City Auditor William Vinson said the 1994-95 Audit Plan consisted of 15 audits. Six of the audits were currently in progress. There were draft reports for three of the audits and the remaining three would be completed by the end of the first quarter. The 1994-95 Audit Plan continued to emphasize operational auditing. The audits helped to ensure that City resources were utilized in an effective and efficient manner. His staff believed it could maximize its contribution to the City through that audit approach. Staff recognized that an audit was not an exciting experience and would continue to work with management to minimize disruption to their operation. He would continue to meet with the City Manager and the Assistant City Manager on a monthly basis to keep her/him appraised of the issues as they arose. The staff adopted a proactive, nonadversial role and provided recommendations for improving operations and systems, not for apportioning blame for deficiencies. He would continue to report his progress to the Council with quarterly status reports. Audit could be agendized at the Council's requests for further discussion. He clarified the audit of the City records related to the records maintained and controlled by the City Clerk's Office. MOTION PASSED 7-0, Andersen, Fazzino absent. ORDINANCES 18. Ordinance Amending Various Sections of Chapter 16.09 (The Sewer Use Ordinance) of the Palo Alto Municipal Code Director of Public Works Glenn Roberts said the item amended the City sewer use ordinance. It was part of a package of issues that the Public Works Department was dealing with in order to meet the permit requirements from the Regional Water Quality Control Board that governed the amount of metals that could be discharged into San Francisco Bay. There was a study of water reclamation that the Council had referred to the Utilities Advisory Commission (UAC), a number of plant efficiency improvements which were contained in the Capital Improvement Project (CIP), and efforts toward source control to reduce the amount of loading generated by residential/commercial/industrial users. The ordinance made certain improvements and tightened up standards regarding discharge primarily from industry related to the source control component of that effort. Council Member McCown said the staff report (CMR:405:94) indicated that feedback was received from some of the businesses that would be affected by the changes and some adjustments were made in response to that feedback. She asked to what extent the staff expected the changes to cause difficulties. Environmental Compliance Manager Philip Bobel said it would cause some difficulties for about 15 businesses which were either metal finishing firms that plate metal on metal parts or printed circuit board manufacturers. The printed circuit board manufacturers were all located in Mountain View, and the metal finishers were located in Palo Alto, Mountain View, and East Palo Alto. There would be a
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significant expenditure required for the 15 businesses; however, the studies showed that there would be a positive payback on the investment made. The businesses would get savings in water use and treatment cost that would be paid back on the investment in less than five years. Staff would bring to the Council for consideration some positive financial incentives within the next several months. The due date on the proposed requirements was July 1, 1996. MOTION: Council Member McCown moved, seconded by Rosenbaum, to introduce the Ordinance. Ordinance 1st Reading entitled "Ordinance of the Council of the City of Palo Alto Amending Various Sections of Chapter 16.09 (The Sewer Use Ordinance) of the Palo Alto Municipal Code" MOTION PASSED 7-0, Andersen, Fazzino absent. COUNCIL MATTERS (continued) 19. Mayor Kniss and Council Members Fazzino and McCown re Request for Financial Support for the Effort to Site the Proposed National Wind Tunnel Complex at the NASA Ames Research Center Council Member McCown said the Council received a letter from the Executive Director of the Bay Area Economic Forum (BAEF) which was trying to serve as the point organization to lead a coalition of groups that would compete for the possibility of a federal project that would continue to use, enhance, and build a new proposed wind tunnel at Moffett Field. The Council had verbally supported the project in the past and had endorsed Mountain View's, Sunnyvale's, and NASA Ames Research Center's efforts to be competitive in the process. The request was to participate as had the other cities and other corporate organizations in helping fund the continuing effort to try and be successful in the national competition. She understood the other leading candidate was in the state from which the Vice President of the United States came from originally. It was a serious political process to try to be successful in the effort. She said the City Manager could fund approval of the $5,000 contribution from her discretionary funds, but she believed it would be preferable to have the Council be aware of the request from the BAEF. If the Council decided it were appropriate to support the effort, it would give some visibility to the City of Palo Alto's continued support of the regional effort to bring the facility to the Bay Area. MOTION: Council Member McCown moved, seconded by Wheeler, that City of Palo Alto contribute $5,000 toward the effort to site the proposed National Wind Tunnel Complex at the NASA Ames Research Center. Council Member Rosenbaum asked what the money would be used for. Council Member McCown said the money would be used to fund the professional staff necessary to pursue the project.
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Mayor Kniss said the Bay Area needed to do whatever it could to encourage that kind of endeavor. Vice Mayor Simitian disclosed that he was a member of the Bay Area Councils Steering Committee and the Bay Area Economic Forum from which the request came as a partnership of the Association of Bay Area Governments and the Bay Area Councils. Council Member McCown disclosed that she was a member of the Bay Area Economic Forum, and the contact came through her for that reason. MOTION PASSED 7-0, Andersen, Fazzino absent. 20. Council Members Huber, McCown, and Schneider re Santa Clara Valley Water District Project on El Camino Real at Matadero Creek Council Member Huber said the request was to direct staff to followup with the Santa Clara Valley Water District (SCVWD) in terms of concerns, complaints, etc., from the businesses along El Camino Real. The request came not only via the Palo Alto Chamber of Commerce but also via the numerous businesses on El Camino Real. MOTION: Council Member Huber moved, seconded by Schneider, to direct staff to: 1) prepare a status report to the City Council on the project, including projected completion of the various phases; 2) identify outstanding requests of the affected busi-nesses relating to signage, construction hours, parking of Santa Clara Valley Water District (SCVWD) and contractor's vehicles, etc., including the responsible agency for resolution of such issues; and 3) prepare a letter from the Mayor and City Council to the Board of SCVWD requesting that the District resolve all outstanding requests of those businesses directly affected by the Matadero Creek Construction project. Council Member McCown wanted the staff to develop a recommendation the City could pursue if, as a result of the information, the Council were not satisfied with the way the City's businesses and property owners were being treated. City Manager June Fleming said staff had been in communication with the officials at the SCVWD, and the staff had no leverage in getting the SCVWD to be responsive to the merchants in Palo Alto. Staff had encouraged the merchants and other people who had concerns to attend the SCVWD's board meetings and be visible and vocal to that body. Staff had had an uneven success in that approach. If the Council showed that it had an interest, the SCVWD might be more responsive to a like body. City Attorney Ariel Calonne said he would have to research a remedy. MOTION PASSED 7-0, Andersen, Fazzino absent. 22. Council Comments, Questions, and Announcements
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Mayor Kniss recognized Council Member Rosenbaum on his 60th birthday. Vice Mayor Simitian referred to Item No. 21 and asked the City Attorney and City Manager how well the incentive program with respect to historic preservation and seismic protection had worked; and on the issue of the transfer of development rights (TDR), what the implications were of the elimination of the use of the Planned Community (PC) zoning process in relation to the first 25 percent and the ramifications of allowing the additional 25 percent Floor Area Ratio (FAR) to be used as a TDR at another site. Council Member Wheeler concurred with Vice Mayor Simitian's request for information and asked for the current information on the concept of TDR in Palo Alto and that staff report back on any other alternatives that might be possible. MOTION: Vice Mayor Simitian moved, seconded by Wheeler, to direct staff to respond to the following at least two weeks prior to the December 5, 1994, City Council meeting: 1) how well the incentive program with respect to historic preservation and seismic protec-tion had worked; 2) on the issue of the transfer of development rights (TDR, what the implications were of the elimination of the use of the Planned Community (PC) zoning process in relation to the first 25 percent; and 3) what the ramifications of allowing the additional 25 percent Floor Area Ratio (FAR) to be used as a TDR at another site. MOTION PASSED 6-0, Schneider "not participating," Andersen, Fazzino absent. ADJOURNMENT: The meeting adjourned at 10:57 p.m. ATTEST: APPROVED: City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.200 (a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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